CA GOV and CA AG Oppose Stay in Prop 8 Case

The State of California filed motions today opposing a stay in Judge Vaughn Walker's landmark decision ruling Proposition 8 unconstitutional; in other words Governor Arnold Schwarzenegger and Attorney General Jerry Brown are on record saying they want same-sex couples to be able to get married while the decision is on appeal.

As governor, Schwarzenegger is named as a defendant in the case, although he remained neutral in the lawsuit challenging Proposition 8. The governor was against the initiative when it was on the ballot and chose not to defend the constitutional amendment in court. He filed his brief Friday in his role as a named defendant and on behalf of two other administration officials.

The Schwarzenegger administration contended in the brief that there is no governmental or public interest in continuing a ban on gay marriage after Walker's decision." Instead, the administration said that allowing such marriages to resume would further the state's interest in recognizing the rights of gays and lesbians. It also said that there would be no administrative burden for the state to issue marriage licenses to gay and lesbian couples. California issued 18,000 such licenses before passage of Proposition 8.

Schwarzenegger applauded Walker's decision earlier this week.

"For the hundreds of thousands of Californians in gay and lesbian households who are managing their day-to-day lives, this decision affirms the full legal protections and safeguards I believe everyone deserves," the governor said in a statement Wednesday.

California Attorney General Jerry Brown, a Democrat, filed a similar motion. Brown had argued that Proposition 8 was unconstitutional when the measure went before the California Supreme Court last year.

Read Attorney General's motion below.

CA AG Brown Motion To Oppose Stay in Prop 8 Case